Notice Date: February 25, 2026
Summary:
In September 2025, the DMV began issuing driver's licenses and identification cards (DL/IDs) that do not contain the magnetic strip currently required by Penal Code section 28180 for firearms dealers and ammunition vendors to obtain a purchaser's name, date of birth, and driver's license or identification number for purposes of a firearms or ammunition purchase background check.
The purpose of this emergency package is to allow and require firearms dealers and ammunition vendors to use scanning devices to read identity information on the new DL/IDs. Currently, Penal Code section 28180 requires: "The purchaser's name, date of birth, and driver's license or identification number shall be obtained electronically from the magnetic strip on the purchaser's driver's license or identification and shall not be supplied by any other means, except as authorized by the department." (Pen. Code, § 28180, subd. (a).) This package would authorize and require firearms dealers and ammunition vendors to use scanners to obtain information from the new DL/IDs, pursuant to Penal Code section 28180's clause allowing for other means of obtaining the information "as authorized by the department." Without an emergency regulation to allow and require firearms dealers and ammunition vendors to obtain this information by another method—in particular, by scanning the (newly implemented) bar code on the DL/ID—firearms dealers and ammunition vendors will type in the information manually, which will increase the potential for data entry errors.
Sections Affected:
California Code of Regulations, Title 11, Division 5, Chapter 4
Adopt Section: 4045.2
Status of the Proposal:
On March 11, 2026, the Department decided not to proceed with the emergency rulemaking action published on February 25, 2026. This decision not to proceed does not preclude the Department from proposing a new regulatory action that is similar or identical.
NOTE: Regulation documents prepared by the Department may contain markup including underline, strikethrough, or highlight. While these documents are ADA-compliant, upon request, the Department can prepare a more screen reader-friendly version of these documents with annotations that explain the marked changes. Please submit all requests to regulations@doj.ca.gov.
Emergency Regulations: February 25, 2026